Wednesday, September 30, 2009

Why should an attorney develop a business relationship with a bail bondsman?

Many criminal defense attorneys take calls 24 hours. Like a bondsman, criminal attorneys know that they need to be available when the potential client calls or the business may go elsewhere. So, let's say you’re a criminal defense attorney, or other attorney, who out of courtesy and business relationship gives your cell phone number out to clients. You receive a 3:00 AM call from an arrested client. “I’m in jail—get me out,” demands your client! If you're like many attorneys, you don't get this type of call often. Clients usually seek come to you after they've been released from jail. “But I’m not acquainted with a bail bondsman,” you humbly reply. Your client responds, “You’re a criminal defense attorney--what do you mean you’re not acquainted with a bail bondsman! That’s like a dairy farmer who’s not acquainted with a veterinarian,” says your client.

Perhaps this is an exaggeration. As a professional, you're not about to tell the client you don't know a bondsman. Instead you say, "Let's see what I can do.” You search Google and hope you get a bondsman who won't embarrass you.

Why It’s important to Have a Bail Bondsman on Your Speed-dial

As bondsmen, often people meet us and, "I'll never need your services." I immediately reply, "Well if you do, call 1-888 Bail Bond." Countless times, we receive calls saying, "Remember when I told you I'd never need you…"

If you’re an attorney, it makes sense to develop a relationship with a professional bail bondsman. Here are a few reasons why:

* Any business referral that is made by an attorney is a direct reflection on that attorney. For example, if a criminal defense attorney recommends a bail bondsman who isn't reputable, cannot perform, doesn't know the particular jail system, or just does a sub-standard job, the defendant will rightfully question that attorney’s judgment.* A quality bondsman can do many extra services for attorneys and clients such as being present in court for bail and 1275 hearings, 24 hour emergency service, signature bonds requiring no collateral, payment plans for the defendant, giving the defendant a ride home and more.* Large bail bond approvals (especially those exceeding $250,000) can be difficult to get approved. Bondsmen who haven't built a reputation in the industry may find more demands placed on their clients for even smaller bonds in the way of collateral requirements and additional co-signers. An attorney should be working with a competent bail bondsman with the ability and experience to efficiently finalize large bail bonds.* Much like fire insurance, you hope you never need your bondsman. When you do need it, you’re relieved that you’re prepared.

Professionalism & Experience You Can Trust

Greg Rynerson Bail Bonds is a small, yet dynamic, bail bond company with a large network of agents that has the ability to conduct bail bonds in the entire State of California. The Rynerson family has been in the bail bond business since 1969 and has transacted over 10,000 bail bonds. We are AAA rated with the Better Business Bureau. We are adept at creative solutions.

Greg and Tonya Rynerson are the owners and are always within easy reach. Attorneys can be guaranteed of getting exceptional customer service 24/7/365. Greg and Tonya are always available to attorneys by cell phone including nights weekends, holidays, and vacations. You can be assured that competent professional staff will always be available to assist you.

My son Jack called me from someone’s back yard last fall. Normally this would not be very unusual, except for the fact that he was sitting in his father’s truck as he placed the call. Having garnered permission to drive the vehicle, which offered so much more power under the hood than his usual “loser cruiser,” my 17-year-old had lost control. He was simply making a turn, onto dry pavement with no other traffic around, and accelerated more than he ought to have. As the truck’s back end started to fishtail, Jack overcorrected, causing him to jump the curb, mow down a sign, and turn someone’s wooden fence into splinters. He was calling to inform me that no one was hurt, but that he would soon be dead anyway once his father found out. He was also calling to see if I would be the one to call his dad, who was out of town on business at the time.

I hurried out to help my shaken son, checking to ensure that he really was unhurt, then leaving him to deal with the police officer while I spoke with the folks in whose yard he was parked. Actually, they were remarkably understanding, mostly as relieved as I was that no one had been hurt. After leaving them with our insurance information and ensuring that I knew where the truck was heading after it was towed out of the yard, I took Jack home. And yes, I’m the one who called his dad. We all decided it was probably a good thing that he would have a couple more days out of town to cool off.

When Jack showed me the paperwork from the police officer, I was rather surprised to note he had been issued two tickets: one for speeding and another for driving too fast for conditions. I rather thought this was repetitious, since they seemed to describe the same action. We certainly knew that Jack had been at fault, and we knew that it needed to be our insurance company’s responsibility to replace the fence and landscaping, but we also knew we didn’t want two separate tickets to go on his record for one incident. It was time to call a motor offence solicitor.

Were we ever glad we did! The solicitor got one speeding summons dismissed right away. The second one was reduced and will not go on Jack’s record if he manages to drive safely for a year. I’m not concerned that Jack didn’t learn a lesson from all this: he still had to face his father, including his dad’s renewed driving lessons, and he lost the right to use the truck again once it was repaired. In all, it’s a relief that his first accident was one with no injuries, just scary enough to make him more cautious behind the wheel, managing to avoid speeding fines and to respect the power of the vehicle he drives.

Tuesday, September 29, 2009

Getting arrested or accused of a crime is not exactly a fun thing. The naturally tendency when this happens is to want to explain your side of things. This seems logical, but can really get you into more trouble. As a defendant, you should let your attorney do all the talking unless they tell you it is okay.

The first thing to understand about the law is you are assumed to know all of it. This is a complete fiction. Nobody knows all the laws. Not you. Not me. Not a Supreme Court Justice. Still, this assumption is a pillar of the legal system. It also means that you can say something that might implicate you in a crime without even knowing it. For instance, let’s say you are accused of carrying out a criminal conspiracy with someone living in New York while you live in California. You comment to police officers or the media that made a call to that person. Guess what? Now a host of other charges are going to be added on the theory you participated in an ongoing crime across said borders! Lucky you.

The second thing to understand is a trial is based on evidence. For all the theatrics you see on television, the best evidence is a statement made by the parties in question. This is known as testimony. Any statement you make against your interest is called a party admission. Not all statements are admissible, however. Any statement made by a non-party is often barred by a rule called hearsay. The rule of hearsay is the key to understanding why you should let your attorney talk for you.

If a party admission is admissible and a non-party admission is not admissible in court, what does that tell you? It tells you that anything you say can be used against you in court, but anything your attorney says cannot. This is why you always see the attorney doing the talking to the media. A defendant in any criminal case is not required to say anything in or out of court and, frankly, shouldn’t unless their attorney feels there is a compelling reason.

We’ve all watched television shows like The Wire, Law & Order and so on. To get a real education, try watching one of these shows with an attorney. They end up screaming at the television as the defendant blabbers away to the police officers. Now, the defendant is usually guilty in these shows, but what about if you are the defendant? Remember, anything you say can and will be used against you!

Well, the country’s economic news seems to be good. President Obama has announced that the economy is stabilizing; unemployment claims are slowing; the “cash for clunkers” car program has helped the automotive industry more than expected. And Goldman Sachs has turned itself around so much that it will be able to pay back the government the ten billion dollars of bailout money it received last fall. Whew! Now those investment bankers can receive massive bonuses again without penalty. Weren’t you worried about them?

Probably not. No matter how the headlines read, many of us “little guys” are still struggling with the day-to-day. No one seems ready to loan us even a small fraction of the mind-boggling amounts tossed around by Congress. When you’re waiting for the results of all this government help to trickle down to you, it can seem like a pretty slow trickle.

There may have been good, sound reasons, based upon the nation’s economy, for the way the bailout was structured. But when it comes to your own situation, everything is personal. Unemployment figures in general don’t mean much when your job has disappeared. Big bank stability is a moot point when you can’t figure out where to get the money to pay the mortgage each month. And health care reform may be too-little, too-late, if your mailbox is already bursting with unpayable bills.

If you’re in the second group—the little guy, rather than the investment banker—you may find yourself at the breaking point. If so, it may be time to consult a Phoenix bankruptcy attorney. Declaring bankruptcy is no one’s first choice as a solution, but sometimes it’s the only way out of an untenable situation. If you find yourself falling further and further behind on your bills, you may discover that a Phoenix bankruptcy offers the light at the end of the tunnel.

It could be a long tunnel. If you have a home to protect, you will probably want to file a Phoenix Chapter 13 bankruptcy. The bankruptcy attorney will help you reorganize your debt, eliminating your unsecured debt, and setting out a three- to five-year payment plan for the rest. However, at the end, you will still have your home, along with a fresh start. At that point, you can feel that the news of economic stability applies to you, too.

Monday, September 28, 2009

Trade unions or labor unions have been an integral part in the protection of employee rights through a collective bargaining agreement or CBA with the employers.

A collective bargaining agreement is a labor contract between the employer and the union. It defines the conditions of employment such as wage, hours of work and grievance procedures.

In turn, it also discusses the responsibilities of the employee and the union towards the employers.

Aside from the collective bargaining agreement, trade and labor unions have other objectives and purposes as well. Trade unions are also involved in:

• Provisions of benefits for members – Some employee benefits that can be availed through the provision of professional training, legal advice and representation for members in case of conflict with employers.

• Industrial actions – Trade unions may enforce a strike or a resistance to lockouts to further particular goals of the union.

• Political activities – Trade unions may also be active in endorsing certain legislations that would be beneficial to the union. For this, the union may pursue campaigns, lobby for a law or financially support a certain party or candidate who is running for public office.

Trade unions and collective bargaining agreements are protected under the National Labor Relations Act.

The National Labor Relations Act or the Wagner Act (NLRA) limits the powers of the employer to react to employees in the private sector that organize and join labor unions, engage in collective bargaining agreement, perform strikes or other activities in support of their demands.

Under the National Labor Relations Act, the following acts of an employer would constitute as unfair labor practices:

• Interfering, restraining or coercing employees from their rights that include freedom of association, mutual aid or protection, self-organization, to form, join and assist labor organizations and to engage in collective bargaining agreement talks to discuss conditions of employment through a representative of their own choice.

• Assisting and/ or dominating a labor organization.

• Discriminating an employee for the purpose of discouraging support for a labor organization.

• Discrimination against an employee who filed charges or testified against an employer.

• Refusing to engage in a collective bargaining discussion with the representative of the trade or labor union.

The key principle of the National Labor Relations Act is summarized on the last paragraph of its first section which states:

“Encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection”

The National Labor Relations Act is being enforced by the National Labor Relations Board.

The National Labor Relations Board oversees the process by which employees choose to be represented through a labor union and is initiated in one of its regional offices.

And lastly, the National Labor Relations Board is also tasked to prosecute those who violate any of the provisions of the National Labor Relations Act.

Now that you've been arrested for driving under the influence, you only have a short period of time before you'll go before a judge. Finding a Seattle DUI attorney quickly is of the utmost importance. However, there are some things you must do before hiring just any attorney. Your case depends on many of these concerns.

Before hiring a Washington DUI attorney, meet with them first to discuss what happened to you. This is something you will want to do since most attorneys won't charge you a fee for an initial visit. Meeting face to face with a Seattle DUI lawyer is beneficial for both you and them. Since you want to work with someone you feel comfortable with, a meeting should help determine this. It also helps your Seattle DUI lawyer decide if they are comfortable with your case.

You want an attorney with DUI expertise and experience. In order to determine this, create a list of questions before your meeting. A few questions you may want to inquire about are discussed below.

The first question to ask is what percentage of cases you handle involve DUI charges or impaired drivers. Also important to keep in mind is retaining a Seattle DUI attorney who practices law in the state you were charged.

Next, inquire about their charges and fee structure. Ask what the max amount you may be responsible for as well as how much you have to pay upfront. You'll see many DUI attorneys charge a flat fee, which you are charged whether or not your case goes to trial. Some work on an hourly fee and others use staggered fee structures breaking down amounts into phases. A staggered fee works as a flat fee up until trial, with another fee if your case goes to trial.

Also inquire about what costs you will be responsible for besides attorney fees. This would include court costs and filing fees, for example.

Lastly, ask your Washington DUI attorney if they will be personally handling your case or is there another primary lawyer in the firm who you will be working with. This is an important fact to know. Many people have found it frustrating when the lawyer they consulted with wasn’t the lawyer who handled their DUI case.

These are only just a few of questions you’ll likely want to ask before deciding which Seattle DUI attorney you want to hire.

Sunday, September 27, 2009

Matters of law can be very complicated and very stressful. It does not matter if you need help with conveyancing, wills and probate, or debt and insolvency, the journey to find a local solicitor you can trust, who possesses a clear understanding and knowledge of the area surrounding your situation, is a daunting one that can layer on more pressure than you may be prepared to handle.

How can you simply trust a total stranger's reputation? You do not want to turn your situation, whatever it may be, over to someone without having a clear understanding of what you are getting yourself into. But common people rarely run in the same circles as solicitors, and it can be hard to get the vote of confidence you need before you sign over pounds for legal help that could put you in a no-win situation.

That's why it is easier to find a local solicitor if you look in the right place. And to look in the right place, you should use an independent network of professionals who can take the guesswork out of it for you. Find an organization, which will hold its members to standards of fair practice and fair play.

By using associations to aid you in your search, you can enjoy immediate advantages right away, and be well on your way to handling your legal requirements in a manner that will empower you. Here are four such advantages when you find a local solicitor:

1. Find a local solicitor, and find instant familiarity. By using a network to find a local solicitor, you can more easily locate a solicitor that has a specialized knowledge of what you are going through. From financial matters to those of a more emotional nature, you may express your needs and benefit from knowing that you have the right solicitor for your cause.

2. Find a local solicitor, and remove physical barriers. When you have instant access to your solicitor, you have an advocate in your area that will not put on you any extra burden of cost or effort when you need them.

3. Find a local solicitor, and relish the security that comes with it. Solicitors that are recommended by an independent network of their peers will most likely want to nourish that relationship and solidify their reputations. The act of their referral carries with it a great deal of responsibility for which they are aware. Therefore, you know you are getting your solicitor's very best effort.

4. Find a local solicitor, and find someone who understands your environment. How can understanding of your environment be of any use? Well, your local solicitor will understand concepts such as the local economy. No one stays competitive with the others in their field by gouging the consumer, or in this case the client. Therefore, you can rest assured that you will be getting quality and affordable help with your situation.

And those are just the beginning of what you stand to benefit from. Find a local solicitor today, and enjoy the peace of mind that comes with knowing you have the best possible help to get through whatever matter awaits you.

Being arrested is not a pleasant experience, regardless if you are guilty or not. If you've been arrested or accused of a crime, think about hiring a Seattle criminal lawyer to represent you, especially if you are looking at jail time. Of course, you don't have to speak with a Seattle criminal defense attorney if you don't want to, but that's an awfully big chance to take, don't you think?

Nearly all legal experts strongly advise against a person representing themselves in a court case unless they are already very knowledgeable in law. Even then, a Seattle criminal defense lawyer would still not recommend it. Did you know that only about one percent of people choose to represent themselves in a criminal case? That's because it normally doesn't end very well in their favor. Instead they choose to hire the services of a Seattle criminal lawyer.

A Seattle criminal defense lawyer often specializes in a certain area of legal expertise. There are some lawyers who not only handle routine defense cases, but also concentrate on a specific area within criminal defense. For example, one Seattle criminal defense attorney may be an expert in violent crime defense, while others only specifically work with tax laws or SEC investigations. Although your choice of attorney isn't mandated by what they specialize in, it is usually a wise decision to find one who does have experience and knowledge regarding your type of case.

Now that you know what type of Seattle criminal lawyer you would prefer, your next step is to narrow your choices down to a few favorable candidates. Schedule an appointment to meet with each and decide if they have enough experience to handle your case and see if your personalities mesh well. It is important to establish a good relationship with your Seattle criminal defense attorney. Never work with an attorney who you do not get along well with. Your experience will not be a pleasant one and typically the outcome of your case won't be positive either.

Through it all, your ultimate goal is to work with a Seattle criminal defense lawyer who can handle your case no matter what it may involve. Inexperienced defense attorneys may be fine in helping you with a simple traffic case, but in the instance of a felony, federal case, or even misdemeanor it is much more prudent to choose a lawyer with more experience.

Being charged with a crime can be stressful and difficult, no matter what the situation may be. A Seattle criminal lawyer can guide you through the process and answer any questions you may have. Their guidance through the entire experience is extremely valuable.

Saturday, September 26, 2009

Whichever law firm you choose, you will find out that all your transactions will be covered by Attorney Client Privileged Communication. All Panama lawyers are bound by this law. The lawyer or the firm is legally bound and they cannot disclose anything about their dealings with the client to a third party. But there are always exceptions. The lawyer can only reveal about his transactions with the client to a third party if he or she is authorized by the client to do so. A Panama court can also make an expectation.

Before the lawyer joins a firm, he will have to go through background checks which are especially done by the government. His or her degree will be checked. The lawyers have certain obligations towards their clients. Before you buy trusts and corporations from web-based companies, you should do a background check. Contacting a lawyer is a must. Unless you know about the company in details, it is better not to make any transactions. You will be disclosing all your personal information to the company. It is always better to take precautions. Panama lawyers will suggest that one should not be deceived with firms which have numerous accounts in different countries. They have no credibility. Although they will boast a number of jurisdictions, you will find out that they are a bunch of unregulated offshore corporations with no legal bindings.

There might be a third party who will attack the attorney client privilege. He or she will claim that the attorney has conspired with you in some illegal transactions including tax violations, or fraud. If the allegation is made in a non-privacy country, then the attorney client privilege will be broken. It is better to hire Panama lawyers, because you will find that it is better to use a law firm in the same jurisdiction where you have your corporation, bank and foundation. If you are looking for good lawyers in Panama, there is one law firm which can help you. This is known as Icaza, Gonzalez-Ruiz & Aleman. They specialize in a number of areas. Apart from Panama, offices of this law firm are located in British Virgin Islands, Luxembourg, Dubai, Bahamas and Switzerland.

Founders Juan Lombardi and Carlos Icaza A. are pioneers in their respective fields and they have contributed in the legal field of the country. Juan Lombardi has worked as the magistrate of the Supreme Court of Justice and also the Superior Court Judge. He has also worked as the Chief Justice for Supreme Court. He is known as one of the first few promoters of Panama Bar Association. As for Carlos Icaza, he has served as the alternate judge of the Supreme Court of Justice from 1926 to 1928 in Panama. He has also served as a Minister of Public Works. So when you are looking for good Panama attorneys, you can unhesitatingly call Icaza, Gonzalez-Ruiz & Aleman.

In Los Angeles and Ventura County, people on foot and on bicycles have the right of way. Crosswalks, bike lanes and sidewalks are supposed to give you some level of legal protection, as you navigate your way through, automobiles, delivery trucks, motorcycles, and buses. Yet, every year thousands of people are injured or killed when negligent or distracted motorists ignore signs or choose to widen their driving lanes. If you have been injured in a pedestrian or bicycle accident you have the full protection of the law on your side.

When to Use a Personal Injury Attorney

The personal injury trial attorneys provide aggressive, experienced representation to help victims of negligence fight for a fair recovery of money damages after an accident. Pedestrian and bicycle accidents aren't always cut-and-dried cases for liability. There are often extenuating circumstances regarding driver inattention, other vehicles on the road and proper signage. Our litigation attorneys have the experience and resources to fully investigate and reconstruct your accident to determine which insured parties may be held liable for your injuries.

What to Do If You Are Injured

If you have been injured in a pedestrian accident, a bicycle accident or a car crash, it is very important that you record the facts. Take time to write down every detail about the accident, including the time, place, weather conditions and testimony from any witnesses at the scene. Often, your case will come down to your facts against the report of a police officer who was not at the scene.

A personal injury law firm will help you find the financial resources you need while you are waiting for your case to settle. Usually they offer a free office consultation and will handle pedestrian, motorcycle, bicycle and motor vehicle accident cases on contingency. If you don't receive money in a settlement or jury verdict, you will not pay any attorney fees.

Thursday, September 24, 2009

Driving on the roads of Minnesota demands extra concern. This is because the DWI laws in Minnesota are quite complex and carries some grave penalties regarding the driver’s license and criminal activities. This is why it is important that you have an expert Minnesota DWI Lawyer who knows all the pros and cons of the DWI laws of the state.

According to the DWI laws of Minnesota, a person will come under the charge of the DWI if he or she is driving the car under the influence of alcohol. That means that the alcohol must be affecting their ability to drive the car properly. The rule is similar when you are taking in marijuana.

But, in reality, a person comes within the charge whenever there is any amount of certain substances is traced in the blood of the person. Thus, a person would violate the DWI rules even if there is any amount of the crack, opium, cocaine, heroin, meth or any other type of street drugs in the person’s body. That means, there is no need that the person comes within the influence of the agent. The mere presence of them in the body will issue a charge of violation of DWI laws.

According to the Minnesota DWI laws, the driver comes within the influence of alcohol if he or she is driving a car with a concentration of alcohol amounting more than .08. Thus, it is illegal if you are driving a car with an alcohol concentration of .08. In fact, you will be guilty if the concentration is found after 2 hours of driving.

There are three ways through which the alcohol levels are measured; they are the breath tests, urine tests and blood tests. All of these methods have different rules, procedures and applications. At the same time, there are different legal requirements to make them admissible to the court. However, when you are looking for the Minnesota DWI attorney, you have to ensure that the person is well acquainted with these rules and nitty-gritty of testing.

In fact, the alcohol concentration matters a lot in deciding over the charges against the driver. Thus, if the test yields an alcohol concentration more than .20 or more, you will come under the charge of the gross misdemeanor crime. Here, it does not matter whether you have violated the rules for the first time. This is of course a serious charge and this may carry executed jail time as well. At the same time, this can double the revocation time of the drivers’ license of the person.

However, if you refuse to be subjected to any of the tests, a charge for gross misdemeanor crime will be automatically inferred on you. However, if you have three or more charges against you, it will be a felony DWI. So, it is very important that you win the refusal case. But, this is very difficult.

This is why you should take the help of the Caplan Law Firm. They have expert Minneapolis DWI lawyers who know all the tricks to win the tricky legal battles. They also offer free consultancy to help you get a glimpse of their standard.

Whichever law firm you choose, you will find out that all your transactions will be covered by Attorney Client Privileged Communication. All Panama lawyers are bound by this law. The lawyer or the firm is legally bound and they cannot disclose anything about their dealings with the client to a third party. But there are always exceptions. The lawyer can only reveal about his transactions with the client to a third party if he or she is authorized by the client to do so. A Panama court can also make an expectation.

Before the lawyer joins a firm, he will have to go through background checks which are especially done by the government. His or her degree will be checked. The lawyers have certain obligations towards their clients. Before you buy trusts and corporations from web-based companies, you should do a background check. Contacting a lawyer is a must. Unless you know about the company in details, it is better not to make any transactions. You will be disclosing all your personal information to the company. It is always better to take precautions. Panama lawyers will suggest that one should not be deceived with firms which have numerous accounts in different countries. They have no credibility. Although they will boast a number of jurisdictions, you will find out that they are a bunch of unregulated offshore corporations with no legal bindings.

There might be a third party who will attack the attorney client privilege. He or she will claim that the attorney has conspired with you in some illegal transactions including tax violations, or fraud. If the allegation is made in a non-privacy country, then the attorney client privilege will be broken. It is better to hire Panama lawyers, because you will find that it is better to use a law firm in the same jurisdiction where you have your corporation, bank and foundation. If you are looking for good lawyers in Panama, there is one law firm which can help you. This is known as Icaza, Gonzalez-Ruiz & Aleman. They specialize in a number of areas. Apart from Panama, offices of this law firm are located in British Virgin Islands, Luxembourg, Dubai, Bahamas and Switzerland.

Founders Juan Lombardi and Carlos Icaza A. are pioneers in their respective fields and they have contributed in the legal field of the country. Juan Lombardi has worked as the magistrate of the Supreme Court of Justice and also the Superior Court Judge. He has also worked as the Chief Justice for Supreme Court. He is known as one of the first few promoters of Panama Bar Association. As for Carlos Icaza, he has served as the alternate judge of the Supreme Court of Justice from 1926 to 1928 in Panama. He has also served as a Minister of Public Works. So when you are looking for good Panama attorneys, you can unhesitatingly call Icaza, Gonzalez-Ruiz & Aleman.

Wednesday, September 23, 2009

You have most likely broken the law. As you sit there right now, reading this, you are probably doing or have done something recently that has transgressed some statute, some rule of government. You haven’t done anything to harm another, you haven’t stolen or damaged the property of another, and yet it is likely that those who rule over you have written some words down on a piece of paper somewhere, called it a law, and now they expect you to know this and obey its dictates. The absurdity of this system is clear for all to see, and yet you are at the mercy of those who call themselves “servants” of the people but then act as if they are the masters. They are a frightening group of people and if they set their sites on you, for whatever reason, you will end up being punished in some way.

If you have somehow violated some “code” (a very appropriate word for small details to a larger law or set of laws since normal English speaking people can’t understand much of what is written and only those well versed in the arcane language known as “legalese” have any idea of the “code’s” true meaning) then perhaps you have only to pay a small fine and the mean, nasty government people will leave you alone. Most of us ordinary folks simply pay these fines without question, even though we resent them, for a couple of reasons. First off, most of us realize that if we try to fight such a fine it will end up costing us more in time and money than if we just pay it, and then we might have to pay the original fine in addition anyway. Secondly, most of us realize that if we try to ignore the fine that eventually the government gang will catch up to you, perhaps kidnap and throw you in a confined space known as a jail cell, and make you stand before some guy in a black robe (who is paid by and owes his allegiance to the state) and explain to him why you were so rude and ignored their requests for money.

Should you find yourself in the grasp of government agents or in one of their courtrooms pleading with one of their judges don’t try to use the excuse that you didn’t know you were breaking a law. They don’t care. Of course you didn’t know you were breaking a law, how could you possibly know all the laws that have been written? It is a human impossibility. No one could possibly know what all the laws not only because so many have been written, but they are in a constant state of flux. What’s legal one day can be illegal the next and vice versa. Yet these people, when you stand before them, will tell you that ignorance of the law is no excuse. That may have worked when the law was simple and only involved other human beings as victims, but when it only involves state entities as the complaining parties then it should not only be an excuse, it should be understandable and expected.

Another thing that one might consider is why one should believe that any given politician wouldn’t use his power to try to punish someone he didn’t like, or try to force someone with a divergent viewpoint to change his behavior. Perhaps one used to think the justice system could be used to keep such power crazed politicians in check, and perhaps at one time long ago when supposedly many judges were principled one would be right. But judges are fallible humans also. They can not only tell who butters their bread, they can also be bought and sold when necessary. While I’m certain that principled judges do exist, I’d just as soon they didn’t have to depend upon government to earn their paychecks when their job entails having to mediate a case that might have some impact upon that very paycheck. Until and unless viable free market arbitration and dispute resolution systems evolve, we need some form of check to see that the courts remain fair and unbiased.

One such check was supposed to be the press. Media outlets and journalists were supposed to have free rein to report on the happenings in the public sphere. This, in my humble opinion, is necessary to help ensure that corruption in the system is kept to a minimum, that the populace is informed as to the actions of their public servants, that those working with the public trust are held accountable for their actions, and that individuals’ rights are respected at all levels of government. Denying access of modern reporting technology such as video cameras and recording devices into public venues only serves to impede this necessary check to power.

In Illinois, a state more socialist than others, even still cameras are not allowed into the public buildings which house the courtrooms, let alone the courtrooms themselves. If one tries to enter a court building with so much as a camera phone that person is denied entrance and usually has to go back to their car to put it safely away. Such restrictions only make it more difficult for the ordinary person to make an accurate appraisal of how well the justice system is working. In Illinois, we are forced to depend on artists’ renditions of the participants and the accuracy of reporters’ memories and notes as twenty first century technology is not allowed to record the public events taking place inside these sacred venues and so the nuances of voice inflection and facial expression are lost to the common man’s interpretation of the event.

In New Hampshire this is not so. In New Hampshire not only are cameras and recording devices allowed in the courtrooms, it is a right supposedly protected by their state constitution. It should be protected by the first amendment of the US Constitution, in my opinion. “Congress shall make no law prohibiting freedom of the press,” it says in effect. In Keene, New Hampshire, however, a judge tried to abridge this right by writing a proclamation that video recording would not be allowed in the building. Unlike the state of Illinois where the people seem willing to obey any dictate without question, some New Hampshire residents seem to have more backbone. One resident, a Mr. SamIam, decided to challenge the dictate posted, unsigned, in the Keene courthouse. He decided to disobey the orders which he felt were unlawful and was promptly arrested along with five others who quickly showed up to support his efforts.

As I write this, SamIam still sits in a jail cell to the best of my knowledge. He was busted for disobeying a judge and trying to exercise his first amendment rights. Now he’s exercising his fifth amendment right to remain silent and has been told he will remain in jail indefinitely until he decides to cooperate with his jailors and recognize their authority over him. This violates his sixth amendment right to a speedy and public trial. His disobedience continues. Unfortunately, it seems to me that government folks believe disobedience is the worst crime possible. Apparently it is punishable by life in prison. How dare anyone disobey? How dare anyone question their authority? How dare a man claim he has rights that need to be respected by government AND try to exercise those rights? This befuddles and angers the government authorities and the only way they can figure out how to deal with it is through violence and imprisonment.

Throughout history it has been shown that peaceful disobedience is a valid way of gaining more freedom. We were shown this by such historical figures as Mahatma Gandhi, Rosa Parks and Martin Luther King, Jr. In the 1960s during the civil rights movement tens or hundreds of thousands of activists with a little more melanin in their skin bravely disobeyed laws in the face of violent opposition from just as many angry persons of less melanin. Those common folks of darker skin peacefully sat at lunch counters and marched through streets as the lighter skinned folks screamed nasty epithets and even at times physically attacked them. These brave folks for the most part grit their teeth and did not retaliate. This led to the recognition that these folks were in fact human and entitled to the same respect for their rights as any other human, which overturned many laws that had been enacted by certain states at that time.

More Americans need to follow the examples these brave folks have shown us. We need to disobey and question unjust laws. We need to exercise our rights at every opportunity, otherwise they may atrophy like an unused muscle in the body politic. By simply obeying without question the populace becomes sheep like and allows those who would rule to stop respecting the rights of individuals and become tyrannical. As the police state grows those who would obey simply shrug their shoulders and go along to get along. How different would history and the world be if a few more Germans in the 1930s had been disobedient? We have tried electing different groups of people into government and it doesn’t seem to make a difference. We have tried working within the system and it seems no one is listening. The time has come to stop simply grumbling and complaining about injustices and to do something about it. The time has come to stop funding bad policies. The time has come to once again practice some peaceful civil disobedience to reclaim our freedoms, or at least to support those who are brave enough to do so.

Women who have experience serious Yaz side effects involving blood clots are often prescribed a blood thinner to help with dissolving the clot. Lovenox, known generically as enoxaparin, is a type of blood thinner or anticoagulant that does not require monitoring of the blood to ensure proper dosage, and is administered by injection under the skin, usually once or twice daily following surgery or as directed by your doctor. To minimize irritation, do not repeatedly inject it in the same spot or intramuscularly as it may cause bruising. Women using Yaz birth control who develop a blood clot are frequently prescribed Lovenox injections following their diagnosis, often while still hospitalized.

Lovenox is often used to treat deep vein thrombosis (DVT) and pulmonary embolism (PE). Lovenox is also used to prevent blood vessel complications in people with certain types of angina (chest pain) or heart attacks. Women who suffer from serious Yaz side effects including a DVT or pulmonary embolism are often on Lovenox injections for a relatively short period of time and then switched to a blood thinner such Coumadin. Women who are prescribed a blood thinner such as Coumadin often take it for 6 to 9 months, however some patients have to be on a blood thinner for the rest of their life.

Lovenox is a type of heparin, so if you are allergic to it, enoxaparin or pork products, or if you have any type of major bleeding or a very low blood platelet count, you should not take Lovenox. This medication should not be used if you have certain medical conditions, such as a history of artificial heart valve, liver or kidney problems, heart disease, eye problems, bleeding or blood disorders, stomach/intestinal problems, severe high blood pressure, stroke, eye/brain/spinal cord surgery. If pregnant, this medication should be used only when clearly needed as it is not known whether Lovenox passes into breast milk or if it could harm a nursing baby.

If you are taking any other over-the-counter and prescription medication, tell your doctor. This drug can alter the effects of certain lab tests, so be sure to remind your doctor you use this medication.

Tuesday, September 22, 2009

Because this injury is very common in motorcycle-related accidents, riders should wear protective pads and covering. It can also be helpful to wear layers of clothing (with sleeves) to protect the skin.

However, the best way to avoid road rash is to be extra careful when driving a motorbike and bicycle.

Self-treatment for Road Rash Injury

The most common treatment for road rash is cleaning the affected area with mild soap and water. Some use antiseptic wash like hydrogen peroxide to clean the wound on the skin.

However, there are several contradicting studies about hydrogen peroxide. Some researchers believe it can retard the healing process as it also kills the microorganism responsible for repairing tissues. On the other hand, some doctors said it can be effective in disinfecting the skin.

For road rash that contains dirt and debris, it is important to remove these by gently rubbing the skin with a clean gauze, soap, and water. Do not rub the affected area vigorously to avoid damaging the tissue.

The wound should also be kept moist as it promotes healing and improves the formation of a new tissue. To do this, the abrasion should be covered by a semi-permeable dressing (e.g. Bioclusive, Tegaderm) that allows the skin to “breathe” while keeping away liquids.

For minor abrasions, a mixture of petroleum jelly and tea tree oil can be dabbed on the wound. This homemade remedy can promote healing as it keeps skin moist.

When the wound starts to heal, the affected area will look raw with a pinkish color. But after sometime, a new skin will form, replacing the damaged tissue.

Treatment for Serious Road Rash

Patients with a deep abrasion that has damaged the dermis (the deeper layer of the skin) should go to a doctor to avoid possible infection and severe scarring.

In some cases, doctors inject patients with anti-tetanus, especially to those who have their last booster shot 10 years ago (or those who are not sure of when is the last time they have anti-tetanus shot).

If the wound is bleeding excessively or there is a deep cut, a patient should put pressure on the area and immediately go to a doctor. The wound may require stitches to allow it to heal properly and avoid severe scarring.

While some people think that a motorcycle insurance is an additional expenses, this can be very helpful in the event of an accident, regardless of who is at fault. With an insurance policy, people can pay the hospital bills and have their vehicles repaired without having to spend their own cash or liquidate their assets.

Types of Motorbike Insurance Coverage

• Bodily injury liability – This will help people who cause the accident to pay the victims’ hospital bills and loss of wages. In most states, this coverage is mandatory and requires a person to have at least $10,000 worth of coverage.

According to insurance experts, it is ideal to purchase an insurance policy which is three times higher than the state’s minimum amount for bodily injury liability.

• Property damage liability insurance – This will help at-fault drivers to pay for the repair or replacement to the damaged property.

• Guest passenger liability – Also for at-fault motorcycle riders, this coverage will help them pay for the guest passenger’s hospital bills and loss of wages.

• Underinsured motorist – This type of coverage is very important in case that the at-fault driver’s insurance is not enough to cover the victim’s hospital bills and other expenses.

For example, the driver who caused the accident has an insurance that covers $15,000 but the victim’s hospital bills is worth $25,000. With this underinsured motorist coverage, the victim will have other sources to pay for his expenses.

• Uninsured motorists – This is considered to be one of the most important coverage given the fact that approximately 40 percent of drivers are uninsured. With this insurance policy, people can pay their own expenses in the event of a motorcycle accident.

• Comprehensive coverage – The insurance company will pay for the cost of repair or replace the motorcycle in case that it is damaged in an accident or stolen. (In this coverage, it is not important who is at fault.)

• Collision coverage – Regardless of who is at fault, the insurance company will pay for the motorbike repairs. However, this will only cover factory parts and not other accessories (e.g. the owner has added such as chrome in wheels).

• Medical payment coverage – The insurance company will pay for the hospital bills of a policy holder who sustains injuries caused by motorbike-related accidents, regardless of who is at fault.

• Custom Parts and Equipment (CPE) coverage – This insurance is included when a person purchase physical damage liability coverage. Furthermore, this usually covers accessories, equipment, enhances, and other devices which are not original parts of the motorcycle.

• Roadside assistance coverage – This covers the towing and repair services bills after a motorcycle has been disabled due to dead battery, mechanical breakdown, flat tire, poor road condition (caused by snow, sand, mud), and insufficient supply of fuel, water, or oil.

Monday, September 21, 2009

Understanding intellectual property is notoriously difficult. There's even a dispute about whether the term should even be in existence, since some feel it's an unnatural shorthand for many different areas of law that shouldn't be lumped into one category. Whether or that is the case, we're stuck with the term, so let's try to determine what is meant when those two words are bandied about.

At its simplest, the term "intellectual property" refers to the theory that there are exclusive rights over intangible artistic and commercial creations. Examples of artistic creations can include a song, a color, or even an idea for a film. All of these have, at one point or another, been debated as being worthy candidates for intellectual property. The other category, known as industrial property, is more closely aligned with patent law. This refers to new creations by people or firms that are designed to fulfill a particular utilitarian purpose.

Though intellectual property rights seem rather intangible and esoteric, they nevertheless have many important real-world ramifications. Industrial products such as drugs are subject to a temporary copyright, giving their creators a an exclusive, guaranteed revenue stream for a certain period of time. If that drug wasn't able to be temporarily copyrighted, the minute it was released on the market, that company's competitors could copy it and distribute it, sharing in the revenue without spending a dime on research and development. Obviously, that would do away with the financial incentive associated with the development of new products.

In the artistic realm, things get a little bit trickier, but still have an effect on the real world. Music piracy is an oft-cited example of artistic intellectual property rights being infringed. When a musician records a song and sells it, and pirates distribute that song illegally, those pirates are taking potential revenue away from the musician. Even though you can't hold a song in your hand, it's still a source of livelihood for that musician (and the record company which legally distributes it), which is why there are laws in place to protect the creator and distributor.

Obviously, this article just scratches the surface of an incredibly complex problem, but the abstractness of intellectual property becomes remarkably tangible when you are the one whose rights are being infringed. If that happens, don't hesitate to contact a quality intellectual property lawyer as soon as possible to reclaim the fruits of your labor.

Suffering a personal injury can be devastating. Medical bills and insurance issues can mount, and a whole ream of legalese is slung in your direction. If your injury is serious, you could be out of work for a while, which is another complication. And of course, you're hurt and possibly in pain, which just makes everything worse.

One way to help alleviate these frustrating and difficult problems is by hiring a personal injury lawyer. However, there are so many out there, and many of them have the reputation of being greasy ambulance-chasers. The last thing you want to do, after being compromised with injury, is to get mixed up with the wrong kind of attorney. That's why you want to take several steps to ensure that you're dealing with a trustworthy, experienced, principled lawyer.

First, you have to find some names. The easiest way to do that is by looking them up online. Find a few that are associated with the type of injury you've suffered. For example, if you suffered from asbestos exposure, you might want to look for lawyers who have some expertise successfully dealing with asbestos-related cases. If the injury was at work, try to find lawyers specializing in work-related accidents.

After you have a list of lawyers, look them up. See what sort of associations they are involved with. The more associations they're a part of, the better—that means they're active and, by extension, respected within the law community. Extra points for those who are ranking officers or who have founded respected institutions. Also contact the Bar Association in your state to verify that the lawyers you're looking up are in good standing.

Once you've conducted some preliminary research, it's time to make some initial contact. Find out how their fees work. Are they paid on a no win, no fee basis? That might be a good thing. Also take the time to conduct a brief interview with the lawyer, if possible. Your gut reaction, paired with the facts you collected from your research, can be more valuable than you'd think. At this point, you'd be ready to narrow your decision and hopefully make an educated hire.

Granted, this is just a rough outline of how to approach hiring a personal injury attorney. Nevertheless, following this guide will certainly help smooth the process—and that's a very important thing when you're laid up in a hospital bed.

Sunday, September 20, 2009

The US is most probably the most despised and criticized nation on Earth, millions of foreigners want to live and the work in the US and will pursue sometimes any means necessary to make that dream come true.

A lot of the hate towards America is irrational and a result of mis-information and the general jealousy.

Simultaneously much of the longing of foreigners is also based on myths as well and it is this today we will cover by revealing for you something which Immigration Lawyers, Employers, Government and Brochures will never mention to you

These are some of the realities of living and working in the US which may shock you and be very different and lacking compared to what you are used to in your homeland

1. Is an extremely difficult country for a foreigner to obtain employment due to the immigration system in most cases requiring a job offer prior to entering the country (also very difficult to change employers)

2. Is an extremely costly procedure for companies to sponsor visas and more often pay expensive legal fees

3. US education costs are the highest in the world and the access to US student loans and/or scholarships is extremely limited

4. US social programs like social security, healthcare, unemployment welfare, etc. are in almost all circumstances not accessible to the foreign worker or student although the worker must still pay these taxes.

5. Foreign students for the most part are legally not allowed to work while studying except occasionally for on campus work, special permission for other work and the OPT program

I have not talked about areas like personal freedoms, cost of living, quality of life, access to activities, US travel costs, etc. as this is all relative to an individual's expectation and to the country or region they may be comparing it too.

The US can be an unforgiving place as there is more of a focus on individual responsibilities and freedoms so not as friendly as an immigrant (and even for locals) when you fall on hard times.

CJ providers foreigners great tips to apply for a green card in the shortest amount of time within the US Immigration system.

If you own your own business or otherwise have employees, you are, under federal law, an agent for the Department of Homeland Security (DHS) (previously the Immigration and Naturalization Service (INS). In an effort to reduce the hiring of undocumented immigrants, Congress created the I-9 verification process, which requires employers to confirm the employment eligibility of workers. DHS investigators use these I-9 forms to determine whether employers are hiring undocumented workers.

I-9 forms are actually a positive thing for employers, because I-9 forms provide employers with a "good faith" defense if the employer hires a worker who is actually working illegally in the United States.

Employers can obtain I-9 forms from the DHS (800-870-3676), or download them from the agency's Web site. You can also write to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

DHS can start an investigation about a company employing illegal workers at any time. An employer can be fined and sanctioned for hiring an undocumented worker. The standard in judging the wrongfulness of the employer's conduct is whether a reasonable person would believe the employee was illegally employed.

Every employer must complete I-9 forms, even if the employer has just one employee. Hiring independent contractors does not trigger the requirement to complete an I-9 form.

If you, as an employer, receive information and documents that, on their face, appear valid and consistent, you do not need to investigate further. However, if you receive obvious forgeries, information that does not match the employee, or other data that makes you think you should ask more questions, then you need to continue your inquiry as to the employee's immigration status.

A good business practice is to conduct yourself an audit or hire an immigration lawyer to audit your I-9's and supporting documents to be sure they comply with the law. Here are some do's and don'ts when going through the I-9 verification process:

During an employee's first day, give the employee a list of documents that can be used to verify status. Determine if the employee already has employment authorization. Ask questions about name changes. Make sure documents provided by the employee are on the lists of acceptable documents. A good immigration attorney can help you with these lists. Review documents for authenticity. Are there obvious signs of tampering or forgery? Reject documents if they are clearly fakes. If a document looks valid on its face and is listed as a qualified document on the I-9, accept the document. Retain I-9's for three years, or one year after employment ends, whichever is longer. I-9 forms can be inspected by DHS on three days' notice, without even a warrant or subpoena.

Employers cannot discriminate against an employee because of citizenship status or national origin through "document abuse," which is asking the employee for more documents than necessary or different documents to prove employment eligibility. However, employers do have duties to confirm employment eligibility as outlined in this post.

This post is certainly not comprehensive, and I encourage my employer-clients to conduct immigration and I-9 audits annually. An immigration attorney can give you guidance in systematizing these processes to ensure DHS compliance.

Tiffany U. Vivo is an Indianapolis immigration and family law attorney. She practices exclusively in immigration and family law, and lectures and writes frequently on immigration law for businesses, employees and families. Follow her at her blog site- http://www.my-immigration-lawyer.com.

Saturday, September 19, 2009

When I booted up my husband's computer, there was a pop up window that appeared to be running a scan and then super quickly (in fact, suspiciously quickly) it reported that we had more than 25 spyware, malware and Trojan viruses on the computer. Even to a seasoned veteran the alert was very convincing. The threat of a Trojan and is very scary and so was the list of XXX.exe viruses.

Then comes the clincher. All I have to do is complete a simple registration process and the Personal Antivirus program will remove all spyware and save the day. The sales pitch was a little too over the top.

This was actually a rogue software that disguised itself as a helpful security tool. The information about the 25 viruses was all a bogus scare tactic to get us to fill out the registration form in a panic and quickly hit send. I took a look at the registration page and learned that in addition to not clearing up any viruses, and in fact probably downloading some, we were even going to have to pay for this service too.

As much as I hated it, I woke my husband up in the wee hours of the morning to investigate this further and he explained, "I thought it came through with the Windows update and was just trying to make me purchase antivirus software so I ignored it." He got the last part right but this was not part of a Windows update.

Personal Antivirus can in fact "piggy back" in during a download creep in while you are visiting a website. The programming is very similar in look and structure a Windows XP security feature so it can be easy to get duped.

Here's How You Can Tell the Real Thing from the Scary Things

1. If you are currently running reputable software program to detect viruses you should not have another program telling you that you have X number of viruses on your computer. Yes, detection may vary from software to software and depend on your last update, but there should not be that many variations in the number of viruses, spyware or malware on your computer.

2. In most cases, if you have already installed an antivirus system on your computer another one cannot function or override the existing software. For example, if I am using Trend and try to install Norton, without uninstalling Trend I will receive error messages and the installation will not complete.

3. Most reputable antivirus programs will not download to your computer without your help, such as accessing the page and taking you through download steps, not even free program such as AVG can just magically appear and scan your computer.

Personal Antivirus uses fear and manipulation in order to run its "scam." If you believe this program to be true, you end up providing your name, address, credit card number, create a user name and password. Since many people use the same user name and password for multiple accounts you have now given away all the information anyone needs to commit credit card fraud, create a new identity and harm your credit in many other ways.

If left alone this software does the following:

- Changes your browser settings directing you to sites that continue to encourage you to purchase this so called security software

- Shows commercial advertisements

- Allows pop ups ads to sneak through your firewall

- Stays resident in the background, possibly recording keystrokes

This software needs to be removed immediately. Leaving it on your computer and ignoring it can still cause you frustration and damage to your systems. There are several sites offering information on how to remove Personal Antivirus from your computer, I recommend XP Vista.com Spyware Removal and I found 2-Spyware very helpful.

These sites offer similar information but I chose the XP Vista site since it was an actual Windows XP site. Trying to remove manually takes quite a bit of computer knowledge, so you may want to find some help, from someone who knows about locating and removing files as well as creating restore points and uninstalling programs.

It took me a great deal of time and effort, almost 2 and a half hours worth, before I was able to go to bed knowing our computer was secure. This is just another example of how personal antivirus is just one line of defense and knowledge is yet another. If I hadn't been knowledgeable about my desktop computer, antivirus programs and malware scams, I may have ignored it, which can cause major problems or worse, been scared into purchasing this scary download.

Lisa Carey is a contributing author for Identity Theft Secrets - prevention and protection. You can get tips on Identity theft protection, software, and monitoring your credit as well as learn more about the secrets used by identity thieves at the Identity Theft Secrets blog.

It seems like there is always a report about stolen personal information every single day. As time passes, more and more new methods on identity theft go along with this. There are tens of thousands of people who have become a victim of any type of identity theft. These people are faced not only with the challenge of resolving the entire situation but they will also have to deal with problems regarding their credit history. This will affect their ability to acquire any form or a loan, get a good job or even rent a place to stay in even after several years of the incident. This is why there is a need to take identity theft measures in order to avoid this situation.

There are actually a few easy steps that you will need to implement in order to avoid this. These identity theft preventive measures will help you eliminate your risks of getting involved in this serious kind of accident. The first thing that you will have to do is to make sure that you shred documents that are sensitive, which may include files that contain any type of financial information and even your social security number. This is one of the easiest methods that you can execute in your life so as not to get involved with such occurrence. In addition to the fact that thieves will not go through your trash, they will also find it hard to get facts about these information when you shred even more documents.

Get a mailbox with a lock. Those identity thieves find it easy to access mailboxes and getting envelopes that are in them. This is again a simple process but is an effective way of warding those thieves off. You can also ask for the post office to hold your mail for a while especially if you are out of town. Plus, you can limit the length of time wherein your paperwork will sit on your mailbox so that you will not have a problem or worry that they will get into the wrong hands. Now, when it comes to passports and other documents that are very important you will need to situate them in a place that is safe. It is recommended that you bring along with you a small number of important pieces of identity information so that there is lesser chance in losing something.

Changing your Personal Identification Number or passwords is also advised. In addition, do not make use of obvious numbers or characters that can be easily guessed. While it can be quite rare that you change your passwords on a regular basis, you have to think of this as an important part in securing your own identity. Lastly, your computer is something that holds valuable data so make sure that you protect it, your accounts and your documents within the system. Now, if you do not have valuable files in the computer, do not feel confident that thieves will not getting anything here. They can access your credit card information. Take the necessary identity theft measures t all times.

Thursday, September 17, 2009

Overtime pay has more myths and falsehoods concerning it than the entirety of Greek mythology. A more confusing topic that should be so simple does not exist. Overtime, on its face, looks very simple because it really is. It has become complicated because of the various rules concerning its application and use.

The first problem with overtime is the simple calculation of what the correct overtime rate is. The FLSA, or Fair Labor Standards Act, can be violated in this way very easily. To most, it is simple to calculate 1.5 times the base rate of pay. Some apparently find this very difficult or simply forget that an employee that works overtime is entitled to time and a half. Because of these mental lapses, the employer might pay straight time, which is wrong.

Another problem is that an employer may not realize exactly how many hours a person really works. If work hours are determined by the number of hours that a person is in an office, then many important hours are being left out. The FLSA is violated when an employer fails to pay for the full time worked. Common forgotten hours include time spent cleaning equipment, donning a uniform or the appropriate safety items for a shift, breaks, travel time in some cases, working late without being asked, and work done from home.

Another issue in overtime rules occurs concerning the classification of an employee. In some cases, an employee may be "reclassified" and is suddenly eligible for overtime. This is not inherently bad. If the "reclassification" occurs and the job hasn't changed one iota, then the employee was probably eligible for overtime prior to the "reclassification."

Furthermore, employers have been known to classify or count an employee as a contract worker or temporary worker or some other type of employee that does not employ that a person is a full employee. This is a problem because it may mean that someone classified as a "contract" worker is really a full employee that is eligible for overtime. The test for overtime is not whether a person is salaried but rather whether the actual duties qualify a person for an exemption.

Finally, comp time instead of overtime is a huge problem. For example, if a person works 60 hours one week, the employer may offer to let the person have 20 hours off the next week to make up for the "extra" hours. This doesn't work because the 20 extra hours put in the first week are really more like 30 hours when it comes to a paycheck. Furthermore, being "given" time off for "extra" work the previous week isn't a fair trade and doesn't make up for the hours that were actually worked.

The Houston employment attorneys of the Ross Law Group have seen all of the tricks and myths that employers employ to avoid paying overtime to an employee.Joseph Devine

Warehouses, construction sites, supply depots, and retail locations typically make use of loading docks in the shipping and distribution of products, goods, and materials. Loading docks serve as stations for putting items on trucks, taking items from shipment vehicles for storage, or preparing goods for future sale. Workers may be required to load and unload items on loading docks, and due to the nature of the job, may suffer injuries while performing the duties required by their employer.

If you have been injured in a loading-dock accident, you may be eligible for workers' compensation benefits. Worker's compensation typically allows individuals to gain financial support to pay for medical bills, lost wages, and other expenses incurred while treating and recovering from injuries suffered at work.

People injured in loading dock injuries may be required to miss significant periods of work for treatment, and may not be able to support their families as a result of the injury. Companies that offer worker's compensation benefits usually require documentation of the injury and medical records outlining the nature of the injury. Some businesses may require the individual to visit with a company-appointed doctor before benefits are issued.

Employees who are required to work on loading docks may be a risk of injury due to accidental slips and falls, crushing by transport vehicles backing into the dock, or falls from the platform. In addition, they may be injured by machinery used to move heavy objects, or may suffer back injuries when loading and unloading items.

Regardless of the cause of the injury, employees who suffer injury while performing the duties required by their employer may need assistance while recovering from the accident. If a loading dock injury occurs, the person should seek immediate medical assistance if he or she is seriously hurt. An official report should be filed with management or supervisors, and any witnesses should issue statements for future record.

If you have been injured in a loading dock accident, you may want to consider consulting an experienced worker's compensation attorney to discuss your legal options. An attorney may be able to help you through the process and may be able to help you get the compensation you deserve.

Wednesday, September 16, 2009

To apply for federal grants for the disabled, you should know that federal grants are authorized financial support handed out by the federal government agency which is mostly approved by US law. The reason for this grant is to boost federal assistance performance, increase its delivery services, and promote participation from delivering agencies.

These grants mostly accommodate those who have disabilities which can range from mild to severe developmental conditions. Note that if a person is under the age of 22 and is afflicted with mental and physical disabilities, then he or she is categorized as having developmental disability. People with these conditions lack the ability to care for themselves as well as financial stability. The federal government has set up plenty of funding programs just for this reason alone. To help the disabled, local agencies, state governments, and other private establishments are deemed liable to offer generous support for them.

Monetary assistance is not the only thing that is included in the federal grants for the disabled but also the requirement to help the disabled have a much more meaningful life. The government has devised programs to make the disabled raise their own productivity. These grants also feature treatment, education, and employment for the disabled.

Actually, these grants have incorporated program levels which take into consideration the needs and desires of the developmentally challenged. These programs feature protection, advocacy, and university affiliated programs for the disabled.

Indeed, the federal developmental programs supply grants based on the financial needs of the disabled. More than giving out funds, it takes into account different issues like employment, social, education, and creative ability, along with legal matters pertaining to human rights of disabled individuals. It also covers early intervention, community activities, and other various needs that should be accounted for in dealing with the disabled.

Federal grants for the disabled emphasize the need for basic human rights. The disabled are just as capable in receiving whatever help they can get in order to obtain a better life.

In California, a "conservatee" is someone who is mentally incapacitated and unable to make sound financial and/or healthcare decisions. A "conservator" is the person appointed by the court to handle these decisions. But sometimes, a conservator creates an unnecessary conservatorship and financially exploits the elderly conservatee.

How can this happen when court authorization is required and the court is supposed to be monitoring the activities of the conservator?

Here's an actual case: A conservator files a false accounting with the court, claiming that he personally interviewed, hired and paid for a particular woman to provide caregiving services for the elder (conservatee). An accounting is required to inform the court of all of the conservatee's assets, income, liabilities, and disbursements every year (or two years).

The truth is that this purported caregiver was never interviewed or hired by the conservator.

The conservatee is not represented by legal counsel, and the law does not impose a duty on any family members to investigate possible inaccuracies contained in the conservator's accounting to the court. The court does utilize probate "examiners" who review the conservator's accounting, but the examiner's role is limited to checking on, for example, whether the required accounting information is set forth in the proper format required of the court.

The examiners are not "investigators". They do not have the time or resources to telephone every single person (and company) - that the conservator has listed in the accounting - to see if they actually provided caregiving or other services to the conservatee.

Again, the examiners - and ultimately the judge - must rely upon the representations that the conservator has made - under penalty of perjury.

What's the result? Unfortunately, if no family member or loved one shows up at the hearing and makes an objection, the court will approve the accounting, and this approval usually includes an award to the conservator for his/her requested fees.

The court's order will then become "final" if no challenge has been made within the prescribed time.

There is one exception, where a challenge to the conservator's acts may be made after the court's order has become final. Probate Code Section 2103 allows a later challenge if it can be shown that the conservator obtained the final order by conspiracy, misrepresentation, fraud, or the intentional ommission of a material fact. Gee ... That sounds wonderful. There's an axiom in the law that states: "For every wrong there is a remedy".

Unfortunately, the appellate courts that have interpreted this statute conclude that the types of fraud must be "extrinsic". What does that mean?

Hmmm ...the "actual" fraud was the conservator's false representation (contained in his accounting) that a particular woman was hired and provided caregiving services to the conservatee. Remember: the court's approval of the accounting did become "final" because no one timely challenged it.

The "extrinsic" fraud must be something else - something "outside" the actual fraud. What could that be?

Well, the cases that have interpreted Section 2103 say that it means something like: Telling the conservatee not to attend the court hearing (for fear that the conservatee might object when he learned the truth about the phantom caregivers). Or arranging for the conservatee to be at a restaurant (out of the city) when the court hearing is held. This way, the conservatee would have been intentionally kept in the dark about the actual fraud. This type of deceit is "extrinsic" to the actual fraud.

But where the court has already found that the conservatee is mentally incompetent, and has no attorney, who is the "extrinsic" fraud to be committed against?

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) was passed (with numerous amendments) to add additional protections to the vulnerable elderly - not to limit any rights.

Without legal counsel, and without an interested family member present to stand up for the elder, who will protect that conservatee?

Unfortunately, this issue, and the effect that EADACPA may have by possibly superceding Section 2103, has not been raised with the appellate courts to date.

Stay tuned.

Attorney George F. Dickerman is a California attorney with 24 years experience. His elder law practice includes conservatorships and the protection of the elderly and their loved ones. For more information, and to receive your free newsletter that offers additional assistance,visit: http://www.Elder-Law-Advocate.com

Tuesday, September 15, 2009

There's been an email circulating that says that you shouldn't go onto the government's official Cash for Clunkers website, CARS.gov. It says that if you agree to the privacy policy, you are agreeing that your computer would be considered property of the U.S. government.

This rumor started with a poorly worded privacy policy on the CARS site. Someone, putting together a site very quickly, probably lifted the language from another government site. It looks as though this wording was intended to prevent leaks of sensitive data by government employees logging on to government computer systems.

On the CARS site, the privacy policy in question stated, "When logged on to the CARS system, your computer is considered a federal government computer system and it is property of the United States Government. Any or all uses of this system and all files on this system may be intercepted, monitored, recorded, copied, audited, inspected,..." Sounds like a horror movie that makes you want to erase yourself from the grid, doesn't it?

The truth is that this wording was used in error and has since been changed. Even if someone had agreed to this privacy policy, it would never have been enforceable. The government cannot make you give up any rights in order to receive an unrelated benefit. I seriously doubt that they would want to have all of your data anyway.

This unfortunate wording was actually on a page that was used by authorized car dealers, not consumers. The average person using the site is simply looking for information on the Cash for Clunkers program rules and which new cars and trade-ins qualify for the program. At no time would they ever submit data or receive data of a sensitive nature.

It's always a good idea to read what you're agreeing to, whether you're penning your name on actual paper, or clicking the button indicating that you agree to a website's terms of service. But Big Brother isn't quite here yet.

Coleen Bennett has been writing articles related to automobiles and car dealerships for about a year. Visit this independent website with more information about how to get your $4500 Cash for Clunkers money. Many dealerships are offering information right on their websites about specific new cars and trade-ins that qualify. See this San Jose Toyota Dealer for an example.

Cyber Law deals with the legal issues of the internet usage and all devices connected over the network, their proper use in order to prevent and control cyber crimes. Since the internet is all over the world the rules and regulations are a bit cloudy but we need to keep in mind a few things to ensure that we are using the internet in a proper and safe manner without causing any trouble.

1. The internet's jurisdictional boundaries may not be clear but the users are bound by the jurisdictional laws of the area in which they reside.

2. Do not access web sites that may not be approved by the jurisdiction in your area.

3. Do not post any offensive material that may cause an outrage among other internet users. Articles with an offensive tone on sensitive subjects like religion, politics etc., Uploading child pornography and other offensive materials is considered a crime in many countries and is punishable depending upon the country's laws.

4. Illegally downloading and distributing protected items like intellectual property and copyrighted articles is a cyber crime and those who are caught engaging in such acts can be prosecuted.

5. Duplication of content or software from CDs and DVDs that are copyrighted and distribution of these on the internet is punishable.

7. Sending bulk messages that can affect networks and jam mailboxes is called spamming. The US introduced CAN-SPAM Act t in 2003 that allows prosecution of spammers.

8. Sending malicious codes such as viruses and worms through websites and e-mails is a cyber crime that can cause serious damages and anyone caught engaging in the act can be seriously punished.

9. Any site that allows users to download materials without acquiring proper permissions can be prosecuted or even be made to close down. Napster.com was shut down for similar reasons.

10. Illegal bank transactions through internet, to any dangerous individuals who might threaten national security is a cyber crime that will be considered as a breach of national security and those caught engaging in such acts can be punished by the government.

Even though the Cyber Laws are not very clear to every one the increase in cyber crime rate has pushed many governments to introduce Acts that would govern the cyber space at least within their jurisdictions. The governments of USA, UK, Canada and China have enforced Cyber Laws to control Cyber crimes. The other nations that have followed in introducing Cyber laws are India, Australia, Malaysia, Iran, Iraq, Indonesia, Thailand etc. Among all these nations China emerges to be the strictest in its laws regarding the use of the internet.

Monday, September 14, 2009

Please keep in mind that this is not legal advice. The information provided herein is for educational purposes only. If you would like to get in touch with a lawyer to help you draft, interpret, negotiate or resolve a dispute about a shareholder agreement or unanimous shareholder agreement, then you are encouraged to seek a professional.

In this article, I'll be discussing a basic template and things you should consider/pay attention to when thinking about unanimous shareholder agreements. For the purpose of this article, I'll be discussing unanimous shareholder agreements in the context of the Canada Business Corporations Act.

Parties

Make sure to properly identify the parties. You should have the correct spelling of the parties' names. Also, identifying features such as "X is a corporation incorporated under the laws of Canada with a mailing address at" is also good. If you have too many parties, you may want to use a Schedule, where all of the parties for example are holders of a particular class of shares, etc.

Recitals

Here, you'll want to put some basic information about the corporation, the parties, and the reason for their entering into a unanimous shareholder agreement. It's pretty common to see something in this section like:

* The authorized capital of the Corporation is X;

* The issued and outstanding shares of the Corporation is X;

* The parties want to enter into this agreement to fix and determine their respective rights, duties, obligations, etc. with respect to each other and the Corporation.

Preliminary Matters

In the first real section of the unanimous shareholder agreement, you'll probably want the parties to confirm the truth and completeness of the recitals and define terms used throughout the Agreement.

Business of the Corporation

In this section, you may want to define the business of the corporation. This will come in handy with respect to non-compete provisions and agreements which restrict parties' ability to compete with the Corporation in the business (however that is defined).

Operation and Control of the Corporation

Here, it's typical to find provisions that say that the discretion and powers of the directors to manage and supervise the management of the corporation are being restricted and usurped by the Shareholders. Essentially, the Shareholders are relieving the Directors of their powers.

The provisions in this section go on to provide details - often akin to the Corporation's by laws - on how the Shareholders as both the Directors and the Shareholders will conduct meetings (e.g. nominees, notice, quorum, casting votes, elections and appointments, passing resolutions, etc.).

The provisions in this section may also include specific requirements for the Corporation to enter into contracts (e.g. X number of Directors required) or for the Corporation to do things with respect to issuing shares, borrowing money, selling or leasing Corporate property, amending the Corporation's articles, continuing the Corporation in another jurisdiction, winding up or dissolving the Corporation, etc. These things may require special majorities (i.e. majorities which are not specified anywhere in the Act).

You'll also find provisions in this section of the unanimous shareholder agreement dealing with things like who the officers of the Corporation will be, keeping proper books of account, appointing a banker, etc.

Restrictions on the Issue and Transfer of Shares

This is a very important part of any shareholder agreement: restrictions on share transfers. There are many ways to restrict transfers on shares, some of which include:

* General prohibition against the Corporation and the Directors for issuing new shares.

* A requirement that any party that does, through one of the permissible ways of acquiring shares, acquire shares becomes bound to and a party of the unanimous shareholder agreement.

Here are some of the ways in which share transfers are permitted/restricted:

* Consent Sale: a shareholder can transfer their shares after obtaining the consent of a pre-determined number or percentage of other shareholders.

* Right of First Refusal: a shareholder who receives an offer from a third party for the purchase of their shares must first offer the other existing shareholders the opportunity to purchase those same shares on terms, for example, that are equivalent to the third party's offer.

* Shot Gun Buy-Sell: a shareholder can name a price at which it is willing to either buy or sell its shares. The offer is then presented to other shareholders who have a specific amount of time to decide whether to accept the offer.

* Right to Come Along (Piggy-Back): when a shareholder who sells to a third party, the other shareholders are entitled to have their shares sold on, for example, the same terms to that third party.

* Right to Take Along (Drag Along): when a shareholder sells to a third party, the other shareholders are forced to have their shares sold on, for example, the same terms, to that third party.

* Option to Purchase (Call Option): this right gives a shareholder/Corporation the option to purchase shares in certain circumstances (these are called Triggering Events) from the Corporation/shareholder.

* Option to Sell (Put Option): this right gives a shareholder/Corporation the option to sell shares in certain circumstances from the Corporation/shareholder.

* Auction: an auction is a mechanism whereby shares are sold to the highest bidder (or on certain terms of the auction) to third parties.

In each of these circumstances, there are a few common variables: timing or an event occurring, valuing the shares, and rights/obligations affecting the other shareholders, closing provisions, identification of the buyer/seller/third parties (if any), etc.

Confidentiality

If a Shareholder receives Confidential Information (which should be a defined term) in the course of being a Shareholder, Director, Officer, employee, etc. then they should be restricted in what they can do with that information. I've previously written articles about confidentiality agreements, so you can refer to that article for more information about drafting, understanding and negotiating confidentiality agreements.

Proprietary Rights

This section will deal with things like defining intellectual property rights (remember that there should be a definition for both proprietary rights and developed proprietary rights), who they belong to, the waiving of any moral rights under the Canada Copyright Act, and an agreement to obtain protection of intellectual property rights.

Non Competition

This section will deal with the repercussions, if any, of a Shareholder who starts competing with the corporation in the Business (which should be a defined term). To make these provisions enforceable, they should be specific enough (e.g. by identifying parties, the Business, a time line, etc.).

Termination

Here, provisions may be put in place to initiate termination of the agreement where:

* There is only 1 shareholder left.

* A shareholder dies, becomes disabled, or goes bankrupt, etc.

* There is a breach of the shareholder agreement.

* A specific number or percentage of shareholders mutually agree to terminate the agreement.

* Notice (how do the parties give notice under the agreement for things like termination).

* Arbitration.

* Assignment (e.g. is this to be done by the parties having to consent in writing?).

* Survival of terms (i.e. if a term is found by a court to be void, should the rest of the agreement survive?).

* Governing Law (which jurisdiction governs the interpretation and enforcement of the agreement?).

* Amendment (how is this to be done?).

* Entire Agreement (i.e. this agreement supersedes all other agreements - whether oral or written - relating to the same subject matters in the agreement)

* Waiver.

* Interpretation.

* Independent Legal Advice

* Currency.

Please keep in mind that there are many other kinds of terms and conditions you can find in the general terms section of this agreement. You should consult with a lawyer to address these general terms.

Execution

The final section of the agreement (other than any schedules or exhibits) requires that the parties, or duly authorized representatives of the parties with the power to bind, execute the agreement. It is sometimes a requirement that witnesses be present and sign their names alongside the parties'.

In conclusion, this article has discussed a basic unanimous shareholder agreement template. You should note, however, that the particular details of a unanimous shareholder agreement vary depending on the needs of the shareholders and the business. These documents should be put together by lawyers (such as myself) who are trained, knowledgeable, and experienced professionals.